The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The instant crime constitutes “the case where the injured party goes beyond a deceptive act to the extent that it is contrary to the common sense due to the strong desire that the injured party would obtain high profits in a short period,” and constitutes a special mitigation factor in the sentencing guidelines for the fraud crime, which is a special mitigation factor in the sentencing guidelines, “the injured party shall also be liable for the occurrence of the crime and the expansion of damage.”

Nevertheless, the lower court did not apply the above mitigation elements but determined a punishment within the basic sphere.

In this respect, the sentencing of the court below is unfair.

3. As such, the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines: General Fraud [Type 2], the amount of more than 100 million won, and the amount of less than 500 million won (special person): In a case where victims also have considerable responsibility for the occurrence of crimes and the expansion of damage [the scope of recommendation and recommendation], mitigation area], imprisonment from 10 to 206 months [the grounds for suspension of execution], and there are no person who is no person who is a general person [the grounds for suspension of execution].

3. Determination of sentence: Imprisonment with prison labor for a period of ten months shall have the same record of being punished twice, including the suspension of the execution of imprisonment for the same crime;

The main role is to acquire 100 million won from victims.